Government reform: Commitee begins examining how to fix Illinois government

Saturday

Feb 21, 2009 at 12:01 AMFeb 21, 2009 at 9:00 PM

With Illinois government reeling from allegations of scandal, most notably the accusation that former Gov. Rod Blagojevich tried to sell a U.S. Senate seat, efforts at reform are gaining new life.

Adriana Colindres

With Illinois government reeling from allegations of scandal, most notably the accusation that former Gov. Rod Blagojevich tried to sell a U.S. Senate seat, efforts at reform are gaining new life.

The Dec. 9 arrest of Blagojevich, a Democrat, on federal corruption charges ratcheted up the pressure to clean up a state government whose image has been tarnished repeatedly over the years.

In recent weeks, officials have been taking great pains to demonstrate a commitment to reform. Two separate panels have been set up to craft recommendations on how to repair state government.

It's not yet clear what, if any, improvements they ultimately will make.

One panel, the Illinois Reform Commission, consists of 15 members, none of whom are directly involved with state government. The commission held its initial session in late January.

The other, the Joint Committee on Government Reform, consists solely of 16 state lawmakers.

For the next several weeks, GateHouse Media's State Capitol Bureau will take a closer look at the specific issues being examined at the weekly hearings of the Joint Committee on Government Reform. These articles will explain the topics under discussion, along with any perceived problems and potential solutions.

The legislative committee gathered for the first time last Wednesday, and future meetings will take place on Tuesdays. The committee’s first meeting focused on improving citizens’ access to government information.

The Blagojevich situation made Illinois the laughingstock of the nation, said Terry Pastika, an attorney who wants the state's open-records laws to be less restrictive.

"What we're seeing now is people coming together to try and do something to rectify our reputation," she said.

The two panels plan to cover much of the same ground, including open government, public access to government records and campaign finance.

Last Wednesday, the Joint Committee on Government Reform launched its consideration of "open government," a subject that encompasses such elements as the Freedom of Information Act, the Open Meetings Act and whistleblowers who report wrongdoing at the workplace.

The Illinois Reform Commission began addressing similar issues during a Feb. 5 meeting in Chicago.

Here's a look at the main areas of discussion:

FOIA

Self-described advocates of open government say the Illinois Freedom of Information Act needs an overhaul because public bodies often disregard or misinterpret it - actions that result in the denial of legitimate requests to disclose government records.

To remedy the problem, they said, officials who field FOIA requests should be required to undergo training and the law should be rewritten to make it clearer and more punitive toward violators.

Attorney General Lisa Madigan said the "unprecedented upheaval in Illinois government" provides policymakers with "a unique opportunity to put some real changes in place for our sunshine laws."

Madigan, who is working with open government groups on new FOIA legislation, said governmental bodies that violate the act could be subject to fines ranging from $100 to $1,000.

Another way to make state government more transparent would be for the General Assembly to pass a law making the public access counselor a permanent job position, she said. When Madigan became attorney general, she created the post within her office as a way to assist citizens, journalists and government bodies with navigating the FOIA and Open Meetings Act.

Not everybody thinks it would be appropriate to levy fines against governmental bodies because of the way they interpret the FOIA.

Roger Huebner, general counsel for the Illinois Municipal League, says that government officials – especially at the local level – often find themselves in a tough spot when dealing with FOIA requests.

The law is convoluted and virtually impossible for non-lawyers to understand, Huebner said. The biggest problems, he said, are the law's definition of a "public record" and its dozens of exemptions, which prevent the disclosure of certain records.

The exemptions "are basically a 'loop de loop' of some type of legalese that I struggle with when I get asked a question," Huebner, an attorney who has been with the IML for more than 20 years, told the Reform Commission.

The nature of those questions has changed in the past couple of decades, reflecting government officials' fear of getting sued, he added. Huebner said he used to get asked, "Is there any reason for me not to give this record out?" Now, he's more likely to be asked, "Is it illegal for me to give this record to someone?"

Sheila Simon, a member of the Illinois Reform Commission, said she doesn't think the FOIA law is all that complicated, though it "probably could use some fine-tuning."

"The idea is you disclose public records," Simon said.

Open meetings and whistleblowers

The Illinois Open Meetings Act is intended to ensure that public bodies conduct their business in public. There are some exceptions, such as when a city council discusses personnel matters or potential litigation, but any action is supposed to take place in public.

The OMA includes penalties and is "fairly strong," especially when compared with other Midwestern states, but the problem is a lack of enforcement, Pastika, executive director of the Elmhurst-based Citizen Advocacy Center, told the legislative committee on Wednesday.

"Even though we have this wonderful hammer, it's rarely used," she said.

Pastika pointed out what she views as a significant flaw in the Open Meetings Act: Anyone who wants to go to court to fight a violation of the act must do so within 60 days of when the violation occurred. That time frame is too short, impairing citizens' ability to hold governmental bodies accountable, she said.

On the subject of whistleblowing, Ron Schwartz thinks Illinois generally has done a good job of extending job protections for individuals who report work-related wrongdoing. But there is room for improvement, he said.

The Whistleblower Act prevents employers from retaliating against an employee for notifying authorities of a suspected violation of state or federal law.

As currently written, though, the act allows employees who file legal claims against state government to sue in just one place, the Court of Claims, which doesn't resolve cases quickly, Schwartz said.

"If I were a state employee and I had to go to the Court of Claims, I wouldn't bother. It's hard enough being a whistleblower as it is," said Schwartz, an attorney with the Chicago firm of Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck. "It takes years and years."

A better solution would be to amend the Whistleblower Act so such claims could be filed in state circuit courts, Schwartz said.

What's next

On Monday, the Illinois Reform Commission will meet at 11 a.m. in the Public Affairs Center at the University of Illinois at Springfield to begin a two-part discussion on campaign finance. The second part will take place March 5 in Chicago.

The Joint Committee on Government Reform reconvenes at 9 a.m. Tuesday in Room 114 of the State Capitol to resume its discussion of open government. One of the specific issues expected to come up involves changing the laws that deal with pay raises for lawmakers, judges, statewide constitutional officers and other top government officials.

Lawmakers frequently have come under fire because of the pay raise process, which requires them to take action only if they want to reject raises. If they do nothing, or if the House and Senate fail to take the same action, then the raises recommended by the Compensation Review Board will take effect.

Adriana Colindres can be reached at (217) 782-6292 or adriana.colindres@sj-r.com.

Government reform efforts

What’s happening

Two recently formed panels are scrutinizing ways to clean up Illinois government.

The Illinois Reform Commission, created by Gov. Pat Quinn in early January when he still was lieutenant governor, is chaired by former federal prosecutor Patrick Collins and consists of 14 other members. Just one of them, Cook County State's Attorney Anita Alvarez, is an elected official.

The Joint Committee on Government Reform, created in February by Illinois Senate President John Cullerton and House Speaker Michael Madigan, both Chicago Democrats, is co-chaired by the two legislative leaders. It consists of 16 state lawmakers – 10 Democrats and six Republicans – who have been elected to the House and Senate.

Upcoming meetings

Both groups' meetings are open to the public.

The Illinois Reform Commission meets at 11 a.m. Monday (Feb. 23) in conference rooms C and D of the Public Affairs Center at the University of Illinois at Springfield. The panel is to begin its discussion of campaign finance.

The commission has scheduled a total of nine meetings, mostly in Chicago but one each in Springfield, Peoria (March 30) and Carbondale (April 24).

The Joint Committee on Government next meets at 9 a.m. Tuesday (Feb. 24) in Room 114 of the Illinois State Capitol. It's expected to continue a discussion on "open government," including changes to the Compensation Review Act, which deals with pay raises to lawmakers and other officials

The joint committee has scheduled a total of seven hearings, with the remaining ones on Feb. 24, March 3, March 10, March 17, March 24 and March 31.